# DC Court of Appeals rules against Trump Immunity, SCOTUS Makes a Different Decision **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [February 6, 2024, 3:22pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188 "2024-02-06T15:22:03Z")\ **Posts on this page:** 20\ **Page:** 16
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [July 1, 2024, 7:23pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/301 "2024-07-01T19:23:42Z")
They have provided some guardrails, and you could drive a Star Destroyer through them. Conferring with the DOJ, as an act within the perimeter of presidential authority, cannot be deemed criminal, regardless of the nature of the conversation or the president’s purposes. ---
**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\ **Post date:** [July 1, 2024, 7:38pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/302 "2024-07-01T19:38:50Z")
By this reasoning, did _Nixon_ do anything wrong? ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [July 1, 2024, 7:47pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/303 "2024-07-01T19:47:23Z")
> [@Akaj](#): > > By this reasoning, did _Nixon_ do anything wrong?   All these many years later, a Supreme Court heavily weighted by Trump appointees rules that Nixon was right: “It’s not illegal if the president does it”. I’m now waiting for Trump to be re-elected and then declare himself president for life. As an “official act” that couldn’t be illegal, could it? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [July 1, 2024, 7:56pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/304 "2024-07-01T19:56:48Z")
> [@Akaj](#): > > By this reasoning, did _Nixon_ do anything wrong? Did Nixon do his acts are part of official Presidential duties? And even if Nixon would be protected criminally- Congress could still impeach & remove him- which is what was gonna happen. The ruling is not a shock. Bureaucrats, cops firefighters, etc all have somewhat similar protections and immunities. The President really has to be immune for Official acts while President. That does leave open- what is an Official act? Mind you, trumps felony convictions stand. His document cases should stand- he kept the documents after leaving office. > [@jsc1953](#): > > In this particular case, Trump and Smith will go back to the lower court. Smith will argue that all the acts in the indictment were unofficial; Trump will say they were official. The judge will rule, Trump will appeal and it will go back to the SCOTUS. Right. Is election interference an Official act? I do not think so. > [@jsc1953](#): > > How do we fix this? > > Does it require a constitutional amendment to define what is and isn’t “official”; or will an act of Congress suffice? Act of Congress. Of course the President has to have _some_ legal protection of Official acts- just like every other government official does. But it needs to be limited. ---
**Author:** ![Guest-starring\_Id](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guest-starring_id/32/21736_2.png) [@Guest-starring\_Id](https://boards.straightdope.com/u/Guest-starring_Id)\ **Post date:** [July 1, 2024, 7:57pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/305 "2024-07-01T19:57:35Z")
Wrong thread. ---
**Author:** ![Fiendish\_Astronaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fiendish_astronaut/32/3295_2.png) [@Fiendish\_Astronaut](https://boards.straightdope.com/u/Fiendish_Astronaut)\ **Post date:** [July 1, 2024, 8:07pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/306 "2024-07-01T20:07:58Z")
> [@wolfpup](#): > > I’m now waiting for Trump to be re-elected and then declare himself president for life. As an “official act” that couldn’t be illegal, could it? This is my question as well. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [July 1, 2024, 8:10pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/307 "2024-07-01T20:10:52Z")
> [@DrDeth](#): > > The ruling is not a shock. Bureaucrats, cops firefighters, etc all have somewhat similar protections and immunities. That’s not true. Qualified immunity is about civil liability. Cops, firefighters etc can’t be sued for acts that occurred during the performance of their duties. They have no criminal immunity for crimes committed during the performance of their duties. Much different things. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [July 1, 2024, 8:14pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/308 "2024-07-01T20:14:10Z")
> [@Loach](#): > > That’s not true. Qualified immunity is about civil liability. I said- 'somewhat similar", not exactly the same. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [July 1, 2024, 8:18pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/309 "2024-07-01T20:18:30Z")
It’s not within his authority to do so. So, he can’t make that happen, but I suspect such a declaration would not be prosecuted either. I’m not sure what crime would be associated with making absurd declarations. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [July 1, 2024, 8:23pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/310 "2024-07-01T20:23:59Z")
> [@iiandyiiii](#): > > Also, it’s not just random Twitter lawyer who thinks so, also Justice Sotomayor (from her dissent, bolding mine): > > > [@](#): > > > > **Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune.** You know, Biden’s 81 years old. It’s not like he’d spend much time in prison if SCOTUS changed its mind. Just sayin’… 🤡 [And yes, that was intended as a joke. Hence the clown face.] ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [July 1, 2024, 8:25pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/311 "2024-07-01T20:25:13Z")
> [@iiandyiiii](#): > > Orders the Navy’s Seal Team 6 to assassinate a political rival? Is that an Official act? No, as it is already against Federal law. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [July 1, 2024, 8:26pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/312 "2024-07-01T20:26:00Z")
From what I can tell is that the SCOTUS just jerked us around for months and made no real ruling. The POTUS cannot be held criminaly liable for any official act, that was always the case! And sent it back down to the lower courts to determine if an act was offical. It appears to me to be meaningless ruling that just wasted time, which I beleive was the intent. What a disgrace our court system has become when judges are bought and sold. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [July 1, 2024, 8:27pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/313 "2024-07-01T20:27:02Z")
I’ll take Sotomayor’s opinion over yours on legal matters. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [July 1, 2024, 8:27pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/314 "2024-07-01T20:27:52Z")
> [@DrDeth](#): > > Is that an Official act? No, as it is already against Federal law. An illegal Official Act is still an Official Act. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [July 1, 2024, 8:37pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/315 "2024-07-01T20:37:36Z")
> [@Johnny\_L.A](#): > > You know, Biden’s 81 years old. It’s not like he’d spend much time in prison if SCOTUS changed its mind. Just sayin’… Just have him start executing Justices until the survivors agree that he should be arrested? ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [July 1, 2024, 8:38pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/316 "2024-07-01T20:38:17Z")
> [@DrDeth](#): > > Is that an Official act? No, as it is already against Federal law. You should get right on the horn to Sotomayor and set her straight. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [July 1, 2024, 8:40pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/317 "2024-07-01T20:40:21Z")
You know what’s funny, when I look up what an official act is in Google, I mostly get results about official ACT test scores. So, maybe we are just misunderstanding what the SCOTUS meant. ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [July 1, 2024, 8:44pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/318 "2024-07-01T20:44:13Z")
This is why I thought the Supreme Court would come to a different decision. I reckoned on them having a sense of self preservation. 6 of them do not. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [July 1, 2024, 8:52pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/319 "2024-07-01T20:52:49Z")
> [@Chefguy](#): > > Order of business (which will never happen): > > 1. Impeach the present two SCOTUS criminals and indict them. I’m afraid you’ll need to be more specific. I count two rapists, at least one of whom accepts bribes, and at least one insurrectionist. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [July 1, 2024, 8:53pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/320 "2024-07-01T20:53:43Z")
…enemies, foreign and _domestic_… Sounds official to me. [Previous page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=15) [Next page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=17)